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SB 749 · 2023-2024 · Introduced in Senate

Signed into law (veto overridden)

No Partisan Advantage in Elections.

Misleading 5/5Veto OverriddenStowaway

"No Partisan Advantage in Elections." Read that title again. Sounds like the kind of bill everyone should support, right? Who could be against removing partisan advantage from our elections?

Here's what the bill actually does. It restructures the State Board of Elections and all 100 county boards of elections to shift appointment power away from the governor and toward the legislature. The state board goes from 5 members to 8, evenly split between parties... which sounds fair until you realize an evenly split board is designed to deadlock. And when it deadlocks, the disputes get resolved by courts that the legislature helped shape. Governor Cooper called it an unconstitutional power grab. He vetoed it. The supermajority overrode him.

Oh, and tucked inside this elections bill? Provisions restructuring the Environmental Management Commission and the Board of Transportation. Because obviously those belong in an elections bill.

The vote was 30-19 in the Senate and 72-44 in the House. Straight party line override. The title says "no partisan advantage." The bill was introduced by Republicans, passed by only Republicans, and shifts power from a Democratic governor to a Republican legislature. That's the whole game in one bill title.


Status

Signed into law (veto overridden)

Governor action:Veto Overridden

Sponsors

Daniel, P. Newton, Hise, Barnes, Corbin


Stowaway Provisions

An elections restructuring bill contains unrelated provisions about Environmental Management Commission appointments, Board of Transportation changes, and vehicle registration corrections that have nothing to do with elections.

The bill's stated purpose: Restructuring North Carolina's election boards by changing appointment processes, moving from 5 to 8 members on the State Board of Elections, transferring appointment authority from Governor to General Assembly, and related election administration changes

What was hidden inside: Part VI includes changes to Environmental Management Commission composition and chair election requirements, Board of Transportation chair election requirements, Coastal Resources Commission changes, North Carolina Railroad Board changes, and corrections to vehicle registration statutes (GS 20-30)

Sources

ncleg.gov bill pageDaily Tar Heel General Assembly expected to override Gov. Cooper's veto on elections overhaul billDemocracy Docket North Carolina Republicans Overhaul Elections Board With Senate Bill 749Governor Cooper Governor Cooper Signs Three Bills, Vetoes One Bill (veto message)Smith Law Legislative year in review, board restructure detailsJohn Locke Foundation 4-4 split analysis, deadlock by designUNC Legislative Reporting Service Full bill summary, conference report changesncleg.gov Cooper veto message

The Vote

10/10/2023 1:09 PM · No Partisan Advantage in Elections. Motion 11 Veto Override · Senate

Senate Vote · Passed 3019

30 to override
R Yea (30)D Yea (0)D Nay (19)

✓ Override succeeded: 30 votes (needed 30)

Supermajority Overrode

Party Breakdown

R
30/30 (100%)
D
0/20 (0%)

10/10/2023 1:42 PM · No Partisan Advantage in Elections. Veto Override · House

House Vote · Passed 7244

72 to override
R Yea (72)D Yea (0)D Nay (44)

✓ Override succeeded: 72 votes (needed 72)

Supermajority Overrode

Party Breakdown

R
72/72 (100%)
D
0/48 (0%)